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Includes: Estate Administration, Living Wills, Wills

Joseph Charles Somma Lawyer

Joseph Charles Somma

VERIFIED
Divorce & Family Law, Estate, Real Estate, Wills & Probate, DUI-DWI

Joseph Somma is a practicing lawyer in the state of Alabama.

FREE CONSULTATION 

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800-970-8920

Ferris S. Ritchey Lawyer

Ferris S. Ritchey

VERIFIED
Family Law, Mediation, Estate Planning, Wills & Probate, Elder Law

Ferris Ritchey has over 35 years of experience in a wide range of legal matters with an emphasis on Domestic Relations, Mediation, Collaborative, Prob... (more)

Alexis  Thomas Lawyer

Alexis Thomas

VERIFIED
Divorce & Family Law, Landlord-Tenant, Wills & Probate

Alexis Thomas is the owner and founder of A. Thomas Law Firm, LLC. Learning from some of the biggest banks in the southeast and one of the largest gl... (more)

John N. Hester

Estate Administration, Estate Planning, DUI-DWI, Criminal
Status:  In Good Standing           

FREE CONSULTATION 

CONTACT
Speak with Lawyer.com

Bradley A. Green

Family Law, Wills & Probate, Bankruptcy, Litigation
Status:  In Good Standing           

Bruce Allen Burttram

Family Law, Wills & Probate, Premises Liability, Ethics
Status:  In Good Standing           

FREE CONSULTATION 

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Hugh C. Henderson

Family Law, Wills & Probate, Premises Liability, Wrongful Death
Status:  In Good Standing           

FREE CONSULTATION 

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Heather M. Bellew

Wills & Probate, Family Law, Divorce, Bankruptcy
Status:  In Good Standing           

Robin A. Mahan

Family Law, Divorce, Wills & Probate, Bankruptcy
Status:  In Good Standing           

Nathan Trent Bellville

Traffic, Wills, Family Law, Divorce
Status:  In Good Standing           

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Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

DEATH TAXES

Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who... (more...)
Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who inherit property.

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)
A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

SELF-PROVING WILL

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)
A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

ADMINISTRATION (OF AN ESTATE)

The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. I... (more...)
The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. If not, the court appoints someone, who is generally known as the administrator. In some states, the person is called the 'personal representative' in either instance.

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

CERTIFICATION OF TRUST

See abstract of trust.

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

GENERATION-SKIPPING TRUST

A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income fro... (more...)
A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income from the trust. Because the children (the middle generation) never legally own the property, it isn't subject to estate tax at their death. See generation-skipping transfer tax.

SAMPLE LEGAL CASES

Williams v. Lollar

... Leo L. Williams ("Leo") was the proponent of the will and sought to have the will probated in the Jefferson County Probate Court ("the probate court"). During ... estate. In the probate court, the Lollars successfully contested the will. ...

Ex parte AMP

... BOLIN, Justice. AMP, the biological mother of SLS ("the mother"), filed a petition for a writ of mandamus, seeking an order setting aside the probate court's interlocutory order granting the petition of the foster parents, EWH and SMH, to adopt SLS ("the child") (case no. 1061010). ...

IN RE BERRY

... the Berrys") petition this Court for the writ of mandamus directing Cullman Circuit Court Judge Don L. Hardeman to grant the Berrys' motion for the dismissal of the administration of the estate of Vera H. Berry, which had been removed from the Cullman County Probate Court. ...